218 F. App'x 651

Arturo Cesar VICHIS-CHAVES, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 04-75520.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 8, 2007 *.

Filed Jan. 17, 2007.

Arturo Cesar Vichis-Chaves, La Verne, TN, for Petitioner.

CAC-District Counsel, Esq., Los Ange-les, CA, Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, San Francisco, CA, Norah Ascoli Schwarz, Esq., Cindy S. Ferrier, Esq., DOJ-U.S. Department of Justice, Merri L. Hankins, Esq., Drug Enforcement Administration, Washington, DC, for Respondent.

Before: ALARCÓN, HALL, and PAEZ, Circuit Judges.

MEMORANDUM **

Arturo Cesar Vichis-Chaves, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion, see Oh v. Gonzales, 406 F.3d 611, 612 (9th Cir.2005), and we deny the petition for review.

The BLA acted within its discretion in denying Vichis-Chaves’ second motion to reopen, filed almost two years after the BIA’s final removal order, as both untimely and numerically barred. See 8 C.F.R. § 1003.2(c)(2) (permitting only one motion to reopen to be filed within ninety days of the administrative decision). Vichis-Chaves does not argue that one of the regulatory exceptions to the time and numerical limitations applies to his case. See 8 C.F.R. § 1003.2(c)(3)(ii). As a result, we reject Vichis-Chaves’ remaining contentions.

PETITION FOR REVIEW DENIED.

Vichis-Chaves v. Gonzales
218 F. App'x 651

Case Details

Name
Vichis-Chaves v. Gonzales
Decision Date
Jan 17, 2007
Citations

218 F. App'x 651

Jurisdiction
United States

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!